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Varu Pandya   31 August 2015

Termination

Hello Everyone, I have a query, Me and my Wife both are working in same company and in same department from more than 7 years, in last weak company decided to terminate both of us on bases of proxy attendance about which HR & Admin Department were well aware and never stopped us from doing it, as nun of the employee were serious about the card punching, even my immediate boss (DGM) never use to punch the card, As I stated above, my wife use to punch my card on my behalf on few occasion because on few occasion I whet directly out to purchase breakfast for us and in that case my wife use to punch my card, the difference of me getting inside the office would hardly 5-7 minute (that is from the time of punching the card by my wife)one can verify it by CCTV Camera installed in office Suddenly management decided to terminate both of us on this base, please note that neither HR / management gave us single notices/memo not even verbal instruction in this regards and straight a way terminated us how can they do this About our performance in company i was recommended by my immediate boss for promotion (in last month), and my wife date about 4.85 point out of 5 (which is one of the highest) in internally sate increment procedure (in last month) Can my company terminate us on bases of above scenario? If not then what kind of action I can take against this Private Limited Company


Learning

 5 Replies

Kumar Doab (FIN)     31 August 2015

Your office is under CCTV survillience.

You are terminated due to misconduct.Perfromance has nothing to do with misconduct.

 

You are dumped to lucrh in courts.

 

Your boss has also not supported you.

 

You can contest your termination, citing that no one was asked and no one including your boss followed it.

 

Or you can appeal to good offices of appointing authority,MD,Chairman.

 

Or just move on with life, and forget about it.

 

 

Varu Pandya   01 September 2015

Thank you for replying,

We have been tolled this decision was made by MD of company, but it is unfair, my immediate boss even tried to defend us as no one takes card punching seriously, we have never been warned or even intimated about this and all of a sudden they decided to terminate us,

Even though i want to move on with my life, i definitely want to teach some lesson to this company, they have done this wrong practice in pass as well with other employee we stood by such employees, and did complaint to HR that this in not right, but then those people moved on with life, i definitely want to take action

Kindly advice 

Kumar Doab (FIN)     01 September 2015

It shall be appropriate to show all employment related documents and pending dues to an able Labor Law Consultant/Service Matters lawyer/Law firm, before you proceed further on your own. If you can contest the termination order and ensure it is called back.

T. Kalaiselvan, Advocate (Advocate)     05 September 2015

The termination without even a show cause notice may be illegal and can be challenged through labor laws. But the practice of getting your card punched through your wife is an illegal act on your part too.  The  photograph or video pictured through surveillance camera will be an evidence against you. 

Kumar Doab (FIN)     06 September 2015

 

You and your spouse both are HR personnel.

You may be aware that standing orders (certified/Model) may apply to the company.

 Does the company have its certified standing orders and if yes: does it cover your designation?

Or Does Model Standing orders apply to it?

The misconduct that is not listed in list of misconducts may not be Misconduct!

Moreover even your HOD was accused of this indiscretion!

If he/she is not terminated then : why you?

 Since many were doing it then if this is unacceptable then it might be  a minor indiscretion and penalty of termination may be disproportionate.

 

 

It shall be appropriate to show all employment related documents and pending dues to an able Labor Law Consultant/Service Matters lawyer/Law firm, before you proceed further on your own. If you can contest the termination order and ensure it is called back.


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